Default Judgment in Nova Scotia Small Claims Court

You served the defendant properly, waited 20 days, and heard nothing back. No Form 2 Defence, no phone call, no counter-offer. Now what?

When a defendant in Nova Scotia Small Claims Court fails to respond to a Notice of Claim within the prescribed time, the claimant can ask the court for a default judgment — an order in your favour without a full hearing.

How the 20-Day Defence Window Works

After you serve Form 1 (Notice of Claim) on the defendant, they have 20 calendar days to file a Form 2 Defence with the court. The day of service is not counted. If the deadline falls on a Saturday, Sunday, or court holiday, it extends to 4:30 PM on the next open business day.

During those 20 days, three things can happen:

• The defendant files a Form 2 Defence (possibly with a Counterclaim), and the matter proceeds to a hearing
• The defendant contacts you directly to negotiate a settlement
• Nothing happens — the defendant does not respond at all

That third scenario is where default judgment comes into play.

Requesting Default Judgment

If no defence is filed within the 20-day window, the court clerk notes the default on your file. For straightforward debt claims with a fixed dollar amount — what lawyers call "liquidated damages" — the adjudicator can grant judgment based on your filed documents alone.

The process varies depending on whether your claim involves a set amount or requires the adjudicator to calculate damages:

Liquidated claims (a specific dollar figure — an unpaid invoice, a deposit, a loan): The adjudicator reviews your Form 1 and supporting documents. If everything is in order, they can issue judgment for the amount claimed plus pre-judgment interest and filing costs.

Unliquidated claims (damages that need calculation — repair costs, lost value, consequential losses): The adjudicator may schedule a brief assessment hearing where you present evidence of your actual losses. The defendant is not there, but you still need to prove the amount with documentation.

What Default Judgment Covers

A default judgment can include:

• The principal amount of your claim (up to $25,000)
• Pre-judgment interest at the contractual rate, or 4% per annum if no contract rate applies
• Your court filing fee ($99.70 or $199.35)
• Service costs (process server fees, registered mail charges)
• Witness expenses if applicable ($5.00 attendance fee plus $0.20/km one-way travel)

It does not include compensation for your time preparing the claim, lost wages from attending court, or legal fees — the Small Claims Court Act prohibits awarding legal representation costs to either party.

Can a Default Judgment Be Set Aside?

Yes. A defendant who missed the deadline can apply to the court to have the default judgment set aside. The adjudicator will consider whether the defendant has a reasonable excuse for the delay and whether they appear to have a legitimate defence to the claim.

If the adjudicator sets the judgment aside, the matter goes back to a regular hearing. This is not common, but it does happen — particularly when the defendant can show they never actually received the claim documents, or that illness or other serious circumstances prevented a timely response.

Collecting After Default Judgment

Winning a default judgment does not put money in your account automatically. If the defendant does not pay voluntarily, you need to enforce the judgment through the Sheriff's office. You can file an Execution Order directing the Sheriff to seize assets, garnish wages, or levy bank accounts.

The enforcement process is the same whether your judgment came from a default or a full hearing. For a detailed walkthrough of collections, see our enforcement guide.

Next Steps

If the 20-day window has passed and you have heard nothing from the defendant, contact the court clerk's office where you filed your claim. Ask about the process for requesting default judgment on your file. Bring your proof of service (the Affidavit of Service you filed) and any supporting documentation for your damages.

For a complete walkthrough of the filing process from demand letter through judgment collection, the Nova Scotia Small Claims Filing Guide covers every step with printable worksheets and trackers.

See more Nova Scotia guides →